DeCoteau v. State

MESCHKE, Justice.

We remand an appeal of the denial of application for post-conviction relief to the trial court to determine whether there was excusable neglect for a late-filed notice of appeal.

On April 12, 1989, Alvin DeCoteau pled guilty to charges of theft of property and aggravated assault, under a plea agreement. The trial court sentenced DeCoteau to two consecutive five-year terms.

Acting pro se, DeCoteau filed a writ of habeas corpus on September 30, 1989, arguing that his sentence violated the terms of the plea agreement for two five-year terms to be served concurrently. The trial…